RECE
    flIED
    CLERK’S OFFICE
    BEFORE THE
    ILLINOIS POLLUTION
    CONTROL BOARE~°~
    17
    2004
    STATE OF ILLINOIS
    PEOPLE
    OF THE
    )
    Pollution Control Board
    STATE OF
    ILLINOIS,
    )
    Complainant
    )
    )
    FOB
    NO.
    oc-~
    V.
    )
    )
    AUTO
    RECYCLERS
    -
    C.&D.
    )
    ENTERPRISES, INC.,
    an Illinois
    )
    corporation,
    )
    Respondents
    )
    APPEARANCE
    The
    undersigned
    hereby
    enters
    his
    appearance
    as
    attorney
    of
    record
    for
    Auto Recyclers
    -
    C.
    & D.
    Ent., Inc. in the above entitled cause.
    Auto Recyclers
    -
    C.
    &
    D.
    Ent., Inc.,
    ~
    their attorney
    Kevin
    N.
    McDermott
    Attorney
    15 South Old State Capitol Plaza
    Springfield,
    Illinois
    62701
    217/753-4070
    Registration
    No. 06196497
    C
    LERK’S OFFICE
    BEFORE THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOAF~LOV
    172004
    STATE OF ILLINOIS
    PEOPLE
    OF THE
    )
    POII~tj~~
    Control Board
    STATE
    OF ILLINOIS,
    )
    )
    Complainant
    )
    )
    PCBNO.
    O~(c
    V.
    AUTO
    RECYCLERS
    -
    C.&D.
    ENTERPRISES,
    INC., an Illinois
    corporation,
    Respondents
    )
    ANSWER
    TO
    COMPLAINT
    Respondent,
    Auto
    Recyclers
    -
    C.
    &
    D.
    Enterprises,
    Inc.,
    an
    Illinois
    corporation,
    by
    their
    attorney
    Kevin
    N.
    McDermott,
    and
    for
    its
    answer
    to
    the
    COMPLAINT, states as follows:
    COUNT
    I
    LAND
    POLLUTION
    VIOLATIONS
    .1),
    Respondent
    neither
    admits
    or
    denies
    the
    allegations
    contained
    in
    paragraph one but demands affirmative proof thereof
    2)
    Respondent
    neither.
    admits
    or
    denies
    the
    allegations
    contained
    in
    paragraph
    two
    but demands affirmative proof thereof.
    3)
    Respondent
    neither
    admits
    or
    denies
    the
    allegations
    contained
    in
    paragraph three but demands affirmative proof thereof.
    4)
    Respondent admits the allegations
    contained in paragraph
    four.
    5)
    Respondent
    admits
    that
    automotive
    salvage
    operations
    were
    conducted at the ARCD
    site
    while Respondent was
    a tenant at that location.
    As
    to
    any
    other times,
    Respondent
    is
    not
    certain
    as
    to
    the
    operations
    conducted
    at the
    ARCD site.
    6)
    Respondent
    neither
    admits
    or
    denies
    the
    allegations
    contained
    in
    paragraph six but demands affirmative proof thereof.
    7)
    Respondent
    neither
    admits
    or
    denies
    the
    allegations
    contained
    in
    paragraph seven but demands affirmative proof thereof.
    8)
    Respondent
    neither
    admits
    or.
    denies
    the
    allegations
    contained
    in
    paragraph
    eight but demands affirmative proof thereof
    9)
    Respondent
    neither
    admits
    or. denies
    the
    allegations
    contained
    in
    paragraph
    nine
    pertaining
    to
    the
    inspection
    date
    and
    observations.
    Respondent
    denies that the spillage in question contaminated
    the ground and gravel.
    10)
    Respondent
    denies
    the
    allegations
    contained
    in
    paragraph
    ten
    because the ground and gravel was
    not contaminated.
    11)
    Respondent
    denies
    the
    allegations
    contained
    in
    paragraph
    eleven
    because the ground and gravel was not contaminated.
    12)
    Respondent
    denies
    the
    allegations
    contained
    in
    paragraph
    twelve
    because the ground and gravel was
    not contaminated.
    13)
    Respondent
    denies
    the
    allegations
    contained
    in
    paragraph
    thirteen
    because the ground and gravel was
    not contaminated.
    14)
    Respondent
    denies
    the
    allegations
    contained
    in
    paragraph
    fourteen.
    Respondent
    did not allow open dumping.
    15)
    Respondent denies the allegations contained
    in
    paragraph fifteen.
    16)
    Respondent denies the
    allegations contained in
    paragraph sixteen.
    COUNT
    II
    WASTE
    SAMPLING
    VIOLATIONS
    1)
    Respondent
    realleges
    and
    incorporates
    herein
    paragraphs
    1-14
    of
    Count
    I of this Answer as paragraph
    1-14 of Count
    II
    of this Answer.
    15)
    Respondent
    neither
    admits
    or
    denies
    the
    allegations
    contained
    in
    paragraph fifteen but demands affirmative proof thereof.
    16)
    Respondent
    neither
    admits
    or
    denies
    the
    allegations
    contained
    in
    paragraph sixteen
    but demands affirmative proof thereof.
    17)
    Respondent denies that allegations of paragraph seventeen.
    Testing
    was completed December 20,
    2000.
    18)
    Respondent denies the allegations of paragraph
    eighteen.
    WHEREFORE,
    Respondent
    Auto Recyclers
    -
    C.
    &
    D.
    Ent.,
    Inc.
    prays
    that
    the
    Complainant’s
    Complaint be
    dismissed
    and Complainant
    be
    held
    responsible
    for Respondent’s costs and attorney fees.
    Auto Recyclers
    -
    C.
    &
    D.
    Ent., Inc.,
    By
    ~
    RECE~VED
    Kevin
    N.
    McDermott
    CLERK’S OFFICE
    Attorney
    1
    15 South Old State Capitol Plaza
    Springfield, Illinois
    62701
    STATE OF ILLINOIS
    217/753-4070
    Pollution Control Board
    Registration
    No.
    06196497
    PROOF
    OF
    SERVICE
    The undersigned certifies that a copy
    of the
    foregoing instrument was
    served
    upon those
    parties named below by enclosing
    the same
    in an envelope addressed
    to
    such such
    parties at their address as disclosed
    below, with
    postage ‘fully
    prepaid
    and
    by
    depositing
    said
    ~r)velope
    in
    a
    US
    Post
    Office
    mail
    box
    located
    in
    Springfield, Illinois, the J.~-e~ay
    of November, 2004.
    Jennifer Bonkowski
    Office of the Attorney General
    State of Illinois
    Environmental Bureau
    500 South Second Street
    Springfield,
    Illinois
    62706
    The Honorable Dorothy Gunn
    Illinois Pollution Control Board
    James
    R.
    Thompson
    Center, Ste.
    11-500
    100 West Randolph Street
    Chicago,
    Illinois
    60601
    The Honorable Carol Sudman
    Illinois
    Pollution Control Board
    1021
    N.
    Grand Avenue
    East
    P.O.
    Box
    19274
    Springfield,
    Illinois
    62794-9274
    REC~jV~~
    CLERK’S OFFICE
    PROOF
    OF
    SERVICE
    NOV
    172004
    The undersigned
    certifies that a copy
    of the
    foregoing ~
    upon those parties named below by enclosing
    the same
    in an ~
    to such such
    parties at their address as disclosed
    below, with
    postage fully
    prepaid
    and
    by
    depositing
    said
    envelope
    in
    a
    US
    Post
    Office
    mail
    box
    located
    in
    Springfield,
    Illinois, the
    /~±¼lay
    of November,
    2004.
    Jennifer Bonkowski
    Office of the Attorney General
    State of Illinois
    Environmental Bureau
    500 South Second Street
    Springfield,
    Illinois
    62706
    The Honorable Dorothy Gunn
    Illinois Pollution Control Board
    James
    R. Thompson
    Center, Ste.
    11-500
    100 West Randolph Street
    Chicago,
    Illinois
    60601
    The Honorable Carol Sudman
    Illinois Pollution Control Board
    1021
    N.
    Grand Avenue
    East
    P.O.
    Box
    19274
    Springfield,
    Illinol

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